168.281. Permanent employees, removal, procedure--suspension, demotion--reduction of personnel (metropolitan districts). - Missouri Statutes

Permanent employees, removal, procedure--suspension,demotion--reduction of personnel (metropolitan districts).

168.281. 1. After completion of satisfactory probationary service,appointments of employees shall become permanent subject to removal for anyone or more causes herein described as well as to the right of the board toterminate services of all who attain the age of compulsory retirement fixedby the retirement system.

2. (1) No employee whose appointment has become permanent may beremoved, aside from compulsory retirement, except for one or more of thefollowing causes: immorality, felony conviction of a crime under any stateor federal criminal statute, inefficiency or incompetency in line of duty,violation of the published regulations of the school district, violation ofthe laws of Missouri governing the public schools of the state, or that hisphysical or mental condition is such that it incapacitates him fromproperly performing his duties or from properly associating with children,and then only after the personnel director has given written notice to theemployee by registered mail with return receipt of his suspension andproposed discharge. The registered letter is to notify the employee:

(a) Of the charges on which the suspension and proposed discharge isbased;

(b) Of the date, time, and place of the hearing of the charges by thepersonnel committee;

(c) Of the employee's right to be present at the hearing and to havecounsel or other representative of his choice;

(d) Of his right to testify and to offer testimony of witnesses aswell as other evidence sustaining his defense, and to cross-examine adversewitnesses and to generally conduct a defense;

(e) And of the necessity, in order for him to avail himself of theaforesaid opportunity to defend himself against the charges, that he notifythe personnel director in writing, at least three days before the date ofthe hearing, of his intention to offer the defense.

(2) The hearing of the committee is to be held not less than ten normore than fifteen days after the mailing date of the notice of hearing tothe employee, except by mutual agreement of the committee and the employee.Failure of the employee to give the three days' notice in writing of hiselection to defend, or having given the notice, failure of the employee toappear at the hearing, shall each be considered by the committee as anadmission of the truth of the charges and the committee may ruleaccordingly. The committee may, in its discretion, to avoid unduehardship, and upon a sufficient showing by the employee of valid and cogentreasons for his failure to notify the committee of his election to defend,or of his subsequent failure to appear at the hearing, reset the hearing inthe same manner as before.

(3) Upon conducting the hearing of the charges, or if no defense isoffered, upon considering the charges, the personnel committee by majorityvote shall make its decision as soon as practicable and shall immediatelythereafter notify the employee of its decision by registered mail. Thecommittee may rule

(a) That the employee's suspension was justified and that he isdischarged with loss of pay as of the date of his suspension;

(b) That the suspension was unjustified and no grounds calling forhis discharge have been proven and that the employee shall immediately berestored to his former position without any loss of pay;

(c) That the proven charges are of such a nature that they can beremoved or remedied by transferring the employee to a different position,grade, classification, school or building in which case the employee shalllose no pay during his suspension prior to the committee's decision;

(d) Or the committee may make any ruling, less severe than that ofdischarge, which the committee may deem meet and just under thecircumstances including suspension with the loss of pay. The decision ofthe personnel committee shall be final; provided, however, that upon therequest of the employee affected the board shall review the record of theproceedings before the personnel committee and may, in its discretion,grant the employee a hearing before the board. Upon hearing the board mayaffirm, rescind or modify the decision of the committee and make any otherorders in connection therewith that are appropriate under thecircumstances.

3. No employee whose appointment has become permanent shall besuspended without pay, nor be demoted nor shall his salary be reducedunless the same procedure is followed as herein stated for the removal ofthe employee because of inefficiency in line of duty, and any employeewhose salary is reduced or who is demoted may waive the presentment ofcharges against him and a hearing thereon by the committee. Nothing hereinshall in any way restrict or limit the powers of the board of education tomake reductions in the number of employees because of insufficient funds ordecrease in pupil enrollment or lack of work.

(L. 1963 p. 200 § 9-28, A.L. 2005 S.B. 287)

(Source: L. 1961 p. 354 §§ 5, 6, 7)

Effective 7-01-06

(2000) Certified school guidance counselor has no right to a hearing pursuant to this section. Cross v. Hammonds, 223 F.3d 867 (8th Cir.).